Hazardous Substances and New Organisms Act 1996

Transcription

1 Amended as at 8 September 2010 Amended as at 1 July 2010 Hazardous Substances and New Organisms Act 1996 Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard 2006 Pursuant to section 96B of the Hazardous Substances and New Organisms Act 1996 (the Act), the Environmental Risk Management Authority, on its own initiative, issues this Group Standard. 1 Title Contents 1 Title Commencement Interpretation Scope of Group Standard Conditions of Group Standard... 3 SCHEDULE 1 CONDITIONS OF GROUP STANDARD... 4 Part 1 Information Requirements... 4 Part 2 Site and Storage Part 3 Approved Handler Part 4 Packaging Part 5 Equipment Part 6 Transportation Part 7 Disposal Part 8 Exposure Limits Part 9 Notification to the Authority Part 10 Other Matters SCHEDULE 2 TRANSITIONAL CONDITIONS SCHEDULE 3 INTERPRETATION EXPLANATORY NOTE Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard 2006 HSNO Approval Number The HSNO Approval Number for this Group Standard is HSR Commencement This Group Standard comes into force on 1 July 2006 and applies to substances under section 96B(2), and of the Act. 3 Interpretation (1) In this Group Standard, unless the context otherwise requires, words and phrases shall have the meanings given to them in Schedule 3. (2) In this Group Standard, references to a hazardous property of a substance being equivalent to a specified HSNO hazard classification, means a reference to the specified hazard classification as set out in the Hazardous Substances (Classification) Regulations Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

2 4 Scope of Group Standard Substances covered by Group Standard (1) This Group Standard applies to substances that are imported or manufactured for use as a water treatment chemical. (2) A substance referred to in subclause (1) must be an oxidising solid or liquid of medium hazard, HSNO 5.1.1B classification; or an oxidising solid or liquid of low hazard, HSNO 5.1.1C classification. (3) In addition to the hazard referred to in subclause (2), a substance may have any of the following (but only the following) hazards: (d) (e) (f) (g) (h) acute toxicity, HSNO 6.1D or 6.1E classification (including aspiration hazard); skin irritancy, HSNO 6.3A or 6.3B classification; eye corrosivity, HSNO 8.3A classification; eye irritancy, HSNO 6.4A classification; respiratory sensitisation, HSNO 6.5A classification; contact sensitisation, HSNO 6.5B classification; mutagenicity, HSNO 6.6A or 6.6B classification; reproductive toxicity, HSNO 6.8A, 6.8B or 6.8C classification; target organ toxicity, HSNO 6.9A or 6.9B classification; (j) ecotoxicity, HSNO class 9. Substances excluded from Group Standard (4) No substance shall be permitted under this Group Standard if it contains a chemical that is a mutagen or reproductive toxicant that is not listed on the Inventory of Chemicals, unless the new mutagen or reproductive toxicant is used to completely replace an existing mutagen or reproductive toxicant in the substance; and the new mutagen or reproductive toxicant has a lower hazard classification than the existing mutagen or reproductive toxicant; and clause 21 of Schedule 1 is complied with. (5) Despite clause 21 of Schedule 1, no substance shall be permitted under this Group Standard if it is a hazardous chemical that is not listed on the Inventory of Chemicals. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

3 (6) For the purposes of subclause (5), chemical means any element or compound in its natural state or obtained by any production process, including any impurities and any additive necessary to preserve the stability of the chemical, but excluding any solvent which may be separated without affecting the stability of the chemical or change its composition. 5 Conditions of Group Standard The obligations and restrictions set out in Schedules 1 and 2 to the Group Standard apply to the substances by way of conditions. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

4 Schedule 1 Conditions of Group Standard Part 1 Information Requirements 1 General information (1) Any information (including advertising) provided or required to be made available or supplied under this Part (Information Requirements) must be readily understandable and if provided in words (whether written or oral) be in the English language. Where written information is provided, it must also be legible and durable. (2) Any information provided must not include any statement, expression, device, trade name or description that (d) contradicts or modifies any expression required by this Group Standard to be on the label; or is false or misleading in relation to the safety of the substance or any of its ingredients; or misrepresents the composition of the substance; or misrepresents any property of the substance, including information that suggests the substance belongs to a class or sub-class that it does not in fact belong to. 2 Labelling Duties of suppliers (1) A person must not sell or supply a substance to another person unless the substance is labelled in accordance with the following requirements. Hazard information required on each label (2) A label must provide the following general information about a substance: the product name; and enough information to enable the New Zealand importer, supplier or manufacturer to be contacted, either in person or by telephone; and in the case of a HSNO 6.1D, 6.1E, 6.3A, 6.3B, 6.4A, 6.5A, 6.5B or 8.3A substance, a 24 hour emergency telephone number. (3) Where a substance is available to the general public for a HSNO 6.1D, 6.1E or 8.3A substance, there must be on the main label, the general precautionary statement Keep out of reach of children ; and Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

5 on the label, the general precautionary statement If medical advice is needed: Have product container or label at hand ; and for all substances, there must be on the label, the general precautionary statement Read label before use. (4) A label must provide the following hazard information about the substance: pictogram, signal word and hazard statements for HSNO substances to appear on the main label the pictogram for a HSNO substance; and the applicable signal word, either: (I) (II) danger in the case of a HSNO 5.1.1B substance; or warning in the case of a HSNO 5.1.1C substance, unless the substance is a HSNO 6.5A, 6.6A, 6.8A, 6.9A or 8.3A substance in which case, the signal word danger is required; and (iii) the oxidising hazard statement may intensify fire, oxidiser ; and where a substance has any of the hazards permitted under clause 4(3) of this Group Standard (Scope of Group Standard), the corresponding pictograms and hazard statements as listed in Tables 1 and 2 of the document Labelling of Hazardous Substances: Hazard and Precautionary Information published by the Authority, July 2006 must appear on the label, subject to the principles of precedence as set out in the above-named document; and for all hazards, the label must provide the applicable precautionary (prevention, storage and response) statements as listed in Tables 3 to 5 of the document Labelling of Hazardous Substances: Hazard and Precautionary Information published by the Authority, July (5) A single indication may be used if it is capable of conveying two or more of the items of hazard information required by subclause (4). Disposal information required on each label (6) A label must provide a description of one or more appropriate and achievable methods for the disposal of a substance in accordance with clause 18 of this Schedule, which may also include any method of disposal that must be avoided. Identification of components on label (7) Subject to subclause (8), a label must provide the common or chemical name and concentration of every ingredient that would, independently of any other ingredient, give the substance a HSNO 6.5, 6.6, 6.8, 6.9 or 8.3 classification; and the name of every ingredient (other than an ingredient referred to in subclause ) that would, independently of any other ingredient, give the substance a Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

6 HSNO 6.1D classification, and the concentration of the ingredient that would contribute the most to that classification. (8) In the case of a HSNO 6.5, 6.6, 6.8 or 6.9 classification, the identification of any component on the label is only required if the concentration of that component is at or above the concentration specified in Table 1. Table 1. Concentration values triggering identification of components on label HSNO Classification Cut-off, % 6.5A, 6.5B, 6.6A B 1 6.8A, 6.8C B 3 6.9A, 6.9B 10 (9) For the purposes of complying with subclause (7) a generic name may be used to identify a group of ingredients in accordance with the provisions of regulation 26 of the Hazardous Substances (Identification) Regulations 2001; and the concentration of an ingredient in a substance may be stated as a range in accordance with the provisions of regulation 27 of the Hazardous Substances (Identification) Regulations Multiple packages (10) Where a substance is labelled in compliance with subclauses (1) to (9), but some or all of the required information is obscured by outer packaging, the outer packaging of the substance must bear the labelling or marking required by (d) subclauses (4) and ; or the Land Transport Rule; or the Civil Aviation Rule; or the Maritime Rule. Exemption from specific labelling requirements for ecotoxic substances (11) For a substance with an ecotoxic hazard of HSNO 9.1C or 9.1D classification, the corresponding hazard statement required by subclause (4) is not required; HSNO 9.2, 9.3 or 9.4 classification, the corresponding pictogram, and hazard, prevention and response statements required by subclauses (4) and are not required. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

7 Exemption from specific labelling requirements for small packages (12) When a substance is contained in a package with a capacity of 5 L or 5 kg or less, the label for that package does not need to provide the following information: any pictogram required by subclauses (4) and ; and the signal word, hazard and response statements for any HSNO class 9 hazards, as required by subclauses (4) and. Exemption from specific labelling requirements for imported and exported packages (13) Where a substance has been imported into New Zealand in a closed package or in a freight container (and for any reasonable period after it arrives that is necessary to arrange compliance with the requirements of subclauses (1) to (9)) and where that substance is being carried from the place of importation to the destination stated in its importation documentation without having been removed from that package or container, subclauses (1) to (9) are complied with if the package or container concerned complies with the requirements of (d) subclauses (4) and ; or the Land Transport Rule; or the Civil Aviation Rule; or the Maritime Rule. (14) Where a substance is exported from New Zealand, subclauses (1) to (9) are complied with if the substance is labelled or marked as required by (d) subclauses (4) and ; or the Land Transport Rule; or the Civil Aviation Rule; or the Maritime Rule. Alternative compliance measures for labelling (15) The requirements of subclauses (1) to (14) do not need to be met if a substance complies with the relevant identification provisions in the Hazardous Substances (Identification) Regulations 2001, the Hazardous Substances (Emergency Management) Regulations 2001 and the Hazardous Substances (Disposal) Regulations 2001; or a code of practice approved by the Authority under section 78 of the Act that specifies requirements equivalent to those set out in subclauses (1) to (14); or the UN Globally Harmonised System of Classification and Labelling of Chemicals (GHS) and the requirements of subclause (2); or Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

8 (d) the relevant current labelling requirements of Australia, USA, Canada, the European Union or any other country as approved by the Authority, as if the substances were for sale or supply in those countries, and the requirements of subclause (2). (16) [Omitted] History Explanatory Note Clause 2(16) was omitted as at 1 July 2010 via the Labelling Requirements in Group Standards (Amendment) Notice 2010 New Zealand Gazette 3 June The omitted words are as follows: Subclause (15)(d) expires with the close of 31 December Substances transported in bulk (17) Where a substance is transported in bulk, subclauses (1) to (9) do not apply provided the substance is transported in compliance with the Land Transport Rule; or the Civil Aviation Rule; or the Maritime Rule. (18) For the purposes of subclause (17), bulk means a liquid substance in a container in an undivided quantity exceeding 450 L; or a solid substance in a container in an undivided quantity exceeding 400 kg. 3 Safety data sheets (1) A person, when selling or supplying a substance at any quantity shall provide a safety data sheet for the substance supplied to the recipient if the substance is likely to be used in a place of work; and they have not previously supplied a safety data sheet for that substance to the recipient. (2) In each place of work where the substance is manufactured, stored or used, the person in charge of the place must ensure that every person handling the substance has access to a safety data sheet for that substance. (3) The safety data sheet must be available to a person handling the substance within 10 minutes, and be readily understandable by any fully trained worker required to have access to it. (4) A person who manufactures or supplies a substance in New Zealand or imports a substance into New Zealand must, if asked to do so by any person in charge of a place of work where a substance is stored or used, give that person the required safety data sheet. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

9 (5) Information required on a safety data sheet must be provided under the following general headings in the order listed below, and must include the information referred to under those headings: Identification of the substance and supplier product name; and recommended uses; and (iii) name of the supplier, New Zealand contact details including an emergency contact; Hazards identification a description of the hazards of the substance, which may include its HSNO hazard classification; and hazard information, including signal words, hazard statement(s) and precautionary statement(s); Composition/information on ingredients in the case of single component substances, their chemical identity, including common names and synonyms, CAS number and any impurities that are themselves hazardous; or in the case of substances that are mixtures, the chemical identity of each hazardous ingredient, their CAS number and their concentration ranges; (d) First aid measures first aid instructions according to each relevant route of exposure; and whether medical attention is required, and its urgency; and (iii) information on the most important symptoms and effects, acute and delayed, from exposure; (e) Fire fighting measures information on the appropriate type of extinguishers or fire-fighting agents, including extinguishers that may not be appropriate for a particular situation; and any advice on hazards that may arise from combustion products; and (iii) precautions for fire fighters and protective clothing requirements; (f) Accidental release measures advice on protective clothing requirements and emergency procedures; and any environmental precautions from accidental spills and release; and Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

10 (iii) advice on how to contain and clean up a spill or release; (g) Handling and storage precautions for safe handling; and conditions for safe storage, including any incompatibilities; (h) Exposure controls/personal protection exposure limits set for the substance or any of its components, or in their absence, relevant overseas exposure limits; and engineering controls; and (iii) individual protection measures, including personal protective equipment; Physical and chemical properties a description of relevant physical and chemical properties for the substance, including units of measurement and reference conditions where appropriate; and where necessary for interpretation of data reported, the method of determination; (j) Stability and reactivity an indication of the chemical stability of the substance under normal and anticipated storage and handling conditions; and a list of conditions to avoid to prevent a hazardous situation; and (iii) information on incompatible substances or materials; (k) Toxicological information a full description of the toxicological (health) effects, including the symptoms or signs of injury or ill health associated with each likely route of exposure; and the dose, concentration or conditions of exposure likely to cause injury or ill health; and (iii) a summary of the data used to identify the health effects; (l) Ecological information ecotoxicity; and persistence and degradability; and (iii) mobility; (m) Disposal considerations Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

11 disposal methods, including disposal of packaging; and special precautions to be taken during disposal; and (iii) any method of disposal that should not be used; (n) Transport information If relevant; the UN number; and the proper shipping name; and (iii) the UN Dangerous Goods class and subsidiary risk; and (iv) the UN Packing Group; (o) Regulatory information HSNO approval number and/or title of the Group Standard; and information on the conditions of the Group Standard, and any other regulatory requirements; (p) Other information date of preparation or revision of the safety data sheet; and a key/legend to abbreviations and acronyms used. (6) Where a substance is being transported, a safety data sheet is not required if there is in the vehicle concerned documentation complying with the Land Transport Rule whilst being transported by land; or there is in the ship concerned documentation complying with the Maritime Rule whilst being transported by sea; or there is in the aircraft concerned documentation complying with the Civil Aviation Rule whilst being transported by air. 4 Advertising Where a substance with an acute toxic hazard (HSNO 6.1D or 6.1E classification) and/or a corrosive hazard (HSNO 8.3A classification) is advertised to members of the public, and the person to whom the advertising is directed is not provided with a reasonable opportunity to read and consider the information required to be on the product label prior to purchase of the substance, any advertising (whether written, screen or audio) must include in readily understandable form the following information: an indication that the substance is acutely toxic and/or corrosive (whatever the case may be); and Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

12 the need to restrict access by children to the substance. Part 2 Site and Storage 5 Compliance with site and storage requirements (1) Any location at which a substance is manufactured or stored in quantities that exceed those set out in Table 2 must comply with the relevant conditions for HSNO substances as set out in the document entitled Site and Storage Conditions for Class Oxidising Substances and Class 5.2 Organic Peroxides published by the Authority, July Table 2. Trigger quantities beyond which site and storage conditions apply for HSNO substances Trigger Quantity Location and transit depot test certification where package to be kept closed at all times Location and transit depot test certification where substances manufactured or used 500 L or 500 kg (for a HSNO 5.1.1B substance) 1,000 L or 1,000 kg (for a HSNO 5.1.1C substance) 50 L or 50 kg (for a HSNO 5.1.1B substance) 100 L or 100 kg (for a HSNO 5.1.1C substance) Fire extinguishers 200 L or 200 kg (for a HSNO 5.1.1B substance) 500 L or 500 kg (for a HSNO 5.1.1C substance) Response plans and secondary containment 100 L or 100 kg (for a HSNO 9.1A substance) 500 L or 500 kg (for a HSNO 5.1.1B substance) 1,000 L or 1,000 kg (for a HSNO 6.1D, 6.5A, 6.5B, 9.1B, 9.1C substance) 5,000 L or 5,000 kg (for a HSNO 5.1.1C substance) Signage 100 L or 100 kg (for a HSNO 9.1A substance) 500 L or 500 kg (for a HSNO 5.1.1B substance) 1,000L or 1,000 kg (for a HSNO 5.1.1C substance) (2) The trigger quantities referred to in Table 2 must take into account any other hazardous substance that is present at that location. Stationary container systems (3) Any stationary container system that contains, or is intended to contain, a substance must comply, to the extent applicable, with the controls for stationary container systems as set out in Parts 1 to 19 of Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, notwithstanding clause 1(1) of that Schedule. Part 3 Approved Handler 6 Approved handler requirement for HSNO substances When present in quantities greater than those listed in Table 3, a HSNO substance must be Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

13 under the personal control of an approved handler who holds a current test certificate to manage HSNO class 5 substances; or secured so that a person cannot gain access to the substance without tools, keys, or any other device used for operating locks. Table 3. Quantities that trigger approved handler requirements for HSNO substances HSNO classification 5.1.1B 5.1.1C Trigger Quantity 500 kg or 500 L 1,000 kg or 1,000 L 7 Exclusions to approved handler requirements Despite clause 6 of this Schedule, a substance may be handled by a person who is not an approved handler if the approved handler has provided guidance to the person in respect of the handling; and the approved handler is available at all times to provide assistance, if necessary, to the person while the substance is being handled by the person. 8 Exception to approved handler requirement for transportation of packaged substances (1) The approved handler requirement is deemed to be complied with if in the case of a substance being transported on land in the case of a substance being transported by rail, the person who drives the rail vehicle that is transporting the substance is fully trained in accordance with an approved safety system under section 6D of the Transport Services Licensing Act 1989 or a safety system which is referred to in an approved safety case under the Railways Act 2005; and in every other case, the person who drives, loads, and unloads the vehicle that is transporting the substance (I) (II) for hire or reward, or in quantities which exceed those set out in Schedule 1 of the Land Transport Rule, has a current dangerous goods endorsement on his or her driver licence; or in every other case, the Land Transport Rule is complied with; or in the case of a substance being transported by sea, one of the following is complied with: Maritime Rule; or International Maritime Dangerous Goods Code; or Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

14 in the case of a substance being transported by air, the Civil Aviation Rule is complied with. (2) Subclause (1) does not apply to a tank wagon or a transportable container to which the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 applies; but despite paragraph, does apply to an intermediate bulk container that complies with Chapter 6.5 of the UN Model Regulations. (3) Subclause (1) applies to pilots, aircrew, and airline ground personnel loading and handling substances within an aerodrome; but does not apply to the storage and handling of a substance in any place that is not within an aerodrome, or within an aerodrome by non-airline ground personnel. Part 4 Packaging 9 General packaging requirements Every person who packs a substance must select packaging that when filled and closed does not leak any substance under normal working conditions; and maintains its ability to retain its contents, if part of the contents are removed and the package resealed; and (iii) does not react with a substance in any way as to weaken the package; and ensure that, if a substance is being packed into a package that has previously contained another substance both substances are compatible; or all practicable steps are taken to remove all residues of the original substance. 10 Specific packaging requirements for substances with certain hazards Specific packaging requirement for HSNO substances (1) Packaging for a HSNO substance must, when closed, exclude any other substance that may cause the substance to spontaneously combust. Specific packaging requirement for certain HSNO 6.1 substances Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

15 (2) Any packaging containing a liquid substance with a HSNO 6.1D classification must be permanently identified as containing a toxic substance unless the substance as packaged is restricted to a place of work. (3) The requirement of subclause (2) does not need to be met if the substance container meets the container requirements for that substance of Australia, the European Union or any other country as approved by the Authority. 11 Compliance with UN Packing Group requirements (1) Where allowed for by the UN Model Regulations, large packaging may be used to contain a substance if it has been constructed, marked, and tested as a large package as provided in Chapter 6.6 of the UN Model Regulations. (2) When a substance is packaged in quantities less than or equal to 450 L or 400 kg, the packaging must comply with the requirements of UN Packing Group II for a HSNO 5.1.1B substance; or UN Packing Group III for a HSNO 5.1.1C substance. Variation to UN Packing Group II requirements (3) Despite subclause (2), a HSNO 5.1.1B substance may, as a minimum, be packaged in packaging that complies with Schedule 4 of the Hazardous Substances (Packaging) Regulations 2001 when in quantities less than or equal to 1.0 L or 1.0 kg. Variation to UN Packing Group III requirements (4) Despite subclause (2), a HSNO 5.1.1C substance may, as a minimum, be packaged in packaging that complies with Schedule 4 of the Hazardous Substances (Packaging) Regulations 2001 when in quantities less than or equal 5.0 L or 5.0 kg. Marking of Packaging (5) No manufacturer or importer of packaging designed and constructed for use with a substance may mark the packaging as specified in paragraphs and of the UN Model Regulations unless the markings comply with the corresponding elements of those paragraphs, including the codes for packaging type, UN Packing Group, and the UN packaging symbol; and the codes marked for UN Packing Group II or UN Packing Group III are marked on packaging that complies with the tests set out in Schedule 2 or Schedule 3 respectively of the Hazardous Substances (Packaging) Regulations 2001; and the design of the packaging has also been test certified as complying with the tests set out in Schedule 2 or Schedule 3 respectively of the Hazardous Substances (Packaging) Regulations (6) Subclause (5) does not apply to a substance that is not required to be packaged in UN Packing Group II or UN Packing Group III. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

16 12 Child resistant packaging (1) In the case of a HSNO 6.1D, 6.1E or 8.3A substance, when that substance is packaged in quantities of less than 2.5 L or 2.5 kg, that package must be child resistant, unless being sold or supplied to a place of work where children do not have access and the substance is for use in that place of work. (2) The requirements of subclause (1) do not need to be met if the substance complies with the requirements for child resistant packaging (if any) of Australia, USA or the European Union or any other country as approved by the Authority; and the substance is not a HNSO 6.1D substance; or an aspiration hazard. Part 5 Equipment 13 Personal protective equipment (1) A person who handles a substance in a place of work must use protective clothing or equipment when the substance is expected, or likely, to come into contact with an ignition source or an incompatible substance or material, or be exposed to a greater temperature than the limit specified in clause 5(2) of the document entitled Site and Storage Conditions for Class Oxidising Substances and Class 5.2 Organic Peroxides published by the Authority, July (2) Despite subclause (1), a person who handles a substance with a hazard equivalent to a HSNO 6.1D, 6.3A, 6.5A, 6.5B, 6.6A, 6.6B, 6.8A, 6.8B, 6.8C, 6.9A, 6.9B or 8.3A classification in a place of work must use protective clothing or equipment at all times. (3) The protective clothing or equipment must be designed, constructed, and operated so as to prevent the substance making direct contact with the wearer or user; and prevent the wearer or user being exposed to more than the level of heat radiation specified in clause 14(2) of the document entitled Site and Storage Conditions for Class Oxidising Substances and Class 5.2 Organic Peroxides published by the Authority, July 2006; and (iii) where relevant, ensure that the person is not exposed to a concentration of the substance that is greater than the workplace exposure standard for the substance, or any component of the substance. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

17 be designed and constructed of materials that, in the circumstances in which the substance is being used or handled cannot be degraded, attacked, or combusted by the substance; or are resistant to such degradation, attack, or combustion for the time specified by the supplier of the equipment or clothing; and (4) In relation to the circumstances described in subclause (3), relevant matters include the range of temperatures and pressures and the presence of other substances likely to be encountered when used as described in the documentation referred to in subclause (5). (5) The protective clothing or equipment must be accompanied by documentation that gives sufficient instruction on use and maintenance of the equipment or clothing to enable it to be maintained and used in a manner that meets the requirements of this clause. (6) The documentation referred to in subclause (5) must be available to a person handling the substance within 10 minutes, and be readily understandable by any fully trained worker required to have access to it. (7) This clause does not apply to a substance that is contained in a closed package that complies with the requirements of Part 4 (Packaging). 14 Equipment or clothing used to handle a substance (1) The person in charge of a substance must ensure that any equipment used to handle the substance retains the substance, without leakage at all temperatures and pressure for which the equipment is intended to be used; and dispenses or applies the substance, without leakage, at a rate and in a manner that the equipment is designed for. any equipment or clothing that is directly used to handle the substance is designed, constructed, and operated in such a way that the substance does not make direct contact with any incompatible substance or material; and does not accumulate in or on the equipment or clothing beyond any accumulation that is directly associated with its intended design and use, as indicated in the documentation referred to under clause 13(5); and (iii) is not exposed to sufficient energy to cause combustion unless the contact or exposure is intended or anticipated, in which case, the conditions of clauses 13(1) and (2) must be met. (2) The equipment or clothing must meet the requirements specified in clauses 13(3) and 13(4) to (6). Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

18 Part 6 Transportation 15 Tank wagons and transportable containers Tank wagons and transportable containers of any capacity used to carry a substance must comply with the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations Fire extinguishers Where a motor vehicle is transporting a substance in quantities greater than those listed in Table 4, there must be present, in or on the vehicle, the number of fire extinguishers listed in Table 4. Table 4. Trigger quantities for provision of fire extinguishers in vehicles HSNO Classification Trigger Quantity No of fire extinguishers 5.1.1B 200 L or 200 kg C 500 L or 500 kg 2 17 Passenger service vehicle restrictions (1) When a substance is carried on a passenger service vehicle, the substance must be packaged in a sealed container; and not exceed 0.5 kg per package for a HSNO 5.1.1B substance; or 1 kg per package for a HSNO 5.1.1C substance. Part 7 Disposal 18 Disposal of substance (1) A substance must be disposed of by exporting the substance from New Zealand as waste; or treating the substance so that it is no longer a hazardous substance. (2) In subclause 1, treating the substance does not include depositing the substance in a sewage facility but does include detonation, deflagration, or controlled combustion, provided the detonation, deflagration, or controlled combustion is managed to the performance requirements of regulation 7(3) of the Hazardous Substances (Disposal) Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

19 Regulations 2001 in relation to blast overpressure, heat radiation and access by persons; or depositing the substance in a landfill provided the landfill is managed to ensure that the substance will not at any time come into contact with an explosive or flammable substance (equivalent to HSNO class 1, 2, 3 or 4); and there is no ignition source in the vicinity of the disposal site that is capable of igniting the substance; and (iii) if the substance were to combust, or cause or contribute to combustion, no person or place where a person may legally be, would be exposed to more blast overpressure or heat radiation than that described in regulation 7(3) of the Hazardous Substances (Disposal) Regulations 2001; and (iv) the concentration of the substance in any discharge from the landfill does not, after reasonable mixing, exceed any relevant tolerable exposure limit and/or environmental exposure limit set for the substance or any of its component(s). (3) This clause does not apply to a substance that is intended for recycling. 19 Disposal of packaging (1) The conditions of this clause apply to a package that contained a substance; and was in direct contact with the substance; and is no longer to be used to contain the substance and is intended for disposal. (2) A package must be rendered incapable of containing any substance; and be disposed of in a manner that is consistent with that of the substance it contained, taking into account the nature and type of the packaging. (3) Packaging (that may or may not contain any residual substance) that is lawfully disposed of by householders or other consumers through a public or commercial waste collection service is a means of compliance with subclause (2). (4) Notwithstanding subclause (2), a package may be reused or recycled if it has been treated to remove any residual contents of the substance; or the residual contents of the package have been rendered non-hazardous. Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

20 Part 8 Exposure Limits 20 Compliance with exposure limits (1) Exposure limits are adopted for a substance or component(s) of a substance (as the case may be) to the extent (if at all) that they are set out on the register of exposure limits. (2) In the case of WES values, where a WES value does not exist on the register of exposure limits but is listed in the document referred to in subclause (3), the value or values specified in that document shall apply to the substance or any component of the substance. (3) The document referred to in subclause (2) is the document entitled Workplace Exposure Standards published by the Occupational Safety and Health Service, Department of Labour, January 2002, ISBN Part 9 Notification to the Authority 21 Inventory of Chemicals (1) Where a substance is imported into, or manufactured in, New Zealand after 30 June 2006, if that substance contains a hazardous chemical that is not listed on the Inventory of Chemicals, then the importer or manufacturer of the substance must at the time they first import or manufacture the substance, notify the Authority in writing of (d) (e) (f) the name of the substance; and the HSNO approval number and/or title of the Group Standard under which the substance has a deemed approval; and the name and CAS number of the chemical not listed on the Inventory of Chemicals that is present in the substance; and the concentration of that chemical in the substance; and the hazardous properties of the chemical, including the provision of the relevant hazard data used to assign the substance to the Group Standard; and the proposed use of the substance. (2) Subclause (1) applies subject to clauses 4(4) to (6) of this Group Standard (Scope of Group Standard). Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

21 Part 10 Other Matters 22 Assigning a substance to a Group Standard (1) The manufacturer or importer of a substance who determines, or is otherwise independently advised, that the substance complies with clause 4 of this Group Standard (Scope of Group Standard) must keep a record of that determination or advice and have that record available for inspection. (2) The record must contain sufficient information to allow for independent verification that the substance complies with clause 4 of this Group Standard (Scope of Group Standard). Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

22 Schedule 2 Transitional Conditions 1 Purpose of Schedule (1) The purpose of this Schedule is to provide for a transitional period to allow persons dealing with a substance to comply with the Act, and the conditions set out in Schedule 1, in relation to that substance. (2) This Schedule achieves the purpose described in subclause (1) by providing that, for a period of 6 months from 1 July 2006, a person may comply with the obligations and restrictions that applied to a substance immediately before that date, as if this Group Standard (other than this Schedule) had not been given; and providing for obligations and restrictions to continue to apply after the expiry of that 6 month period in order to progressively impose the requirements of the Act, and the conditions set out in Schedule 1, in relation to that substance. 2 Persons may comply with Act and conditions at any time Except as specifically provided in this Schedule, this Schedule does not prevent a person from complying with the Act, and the conditions set out in Schedule 1, as if this Schedule did not exist. 3 Substances and locations to which Schedule does not apply (1) Nothing in this Schedule applies to any of the following: a substance that was not lawfully used in New Zealand immediately before 1 July 2006: a hazardous substance location that was not in use immediately before 1 July 2006: a substance at a hazardous substance location if the substance was not permitted to be stored at the location immediately before 1 July (2) Nothing in this Schedule applies in any way to substitute, override or remove any existing obligation or restriction imposed on a substance to which this Group Standard applies or any other substance approved under the Act (howsoever approved). (3) Notwithstanding subclause (2), the requirements of this Schedule apply if those requirements are for a substance of a different hazard class; or for a substance of the same class where the quantities held at any time up to and immediately before 1 July 2006 never exceeded the threshold quantities specified in the document entitled Site and Storage Conditions for Class Oxidising Substances and Class 5.2 Organic Peroxides published by the Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

23 Authority, July 2006 (in this Schedule referred to as Site and Storage Conditions ) for the relevant obligation or restriction. 4 Compliance with Parts 13 and 14 of the Act for transitional period (1) Parts 13 and 14 of the Act are deemed to be incorporated into this Group Standard together with all regulations, notices and orders made under or referred to in those Parts and compliance with those provisions shall be satisfactory compliance with this Group Standard and the Act generally, for the period until the close of 31 December 2006; and in relation to the obligations and restrictions specified in subclause (2), until the date stated in that subclause. (2) The obligations and restrictions are the information requirements set out in Part 1 of Schedule 1, until the close of 30 June 2008: the packaging requirements set out in Part 4 of Schedule 1, until the close of 30 June 2008: (d) (e) (f) the signage requirements set out in Part 6 of the Site and Storage Conditions, until the close of 30 June 2008: the requirements in respect of fire extinguishers set out in clause 16 of Schedule 1 and Part 5 of the Site and Storage Conditions, until the close of 30 June 2007: the requirements in respect of emergency management response plans set out in Part 5 of the Site and Storage Conditions, until the close of 30 June 2007: the requirements in respect of secondary containment set out in Part 5 of the Site and Storage Conditions, until the close of 30 June (3) Notwithstanding subclause (2)(f), the requirements for secondary containment in respect of a stationary tank or a process container (as those terms are defined in the Site and Storage Conditions) are those set out in clause 8. 5 Transitional provision for hazardous substance locations (1) This clause applies to every licence granted or deemed to be granted by the Authority under section 217 of the Act, and every provisional licence granted under section 218 of the Act, that is in force immediately before the close of 30 June (2) Every licence to which this clause applies continues in force for the purposes of this Schedule. (3) On and from 1 January 2007 every licence to which this clause applies is deemed to be a test certificate issued under clause 10 of the Site and Storage Conditions. (4) A test certificate referred to in subclause (3) expires with the close of 31 December Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

24 (5) While a test certificate referred to in subclause (3) is in force, clause 6(3) of the Site and Storage Conditions does not apply to the hazardous substance location to which the test certificate relates. 6 Full test certificate for hazardous substance location The holder of a test certificate referred to in clause 5(3) must obtain a test certificate issued by a test certifier no later than the close of 31 December Existing stationary container systems (1) In this clause, existing stationary container system means a stationary container system to which Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 applies that, immediately before 1 July 2006 was being used to contain a substance covered by this Group Standard; or was designed to be used to contain such a substance and construction of the stationary container system to that design had commenced. (2) An existing stationary container system is not required to comply with the provisions of Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (except as required under this clause) if it is used in the case of a stationary container system to which subclause (1) applies, for the purpose for which it was used immediately before 1 July 2006; or in the case of a stationary container system to which subclause (1) applies, for the purpose for which it was designed; and the person in charge of it complies with clauses 101 to 103 of Part 20 of Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (if required) provided that clauses 101 to 103 shall be read as if references therein to this notice are references to this Group Standard. (3) Despite subclause (2), Parts 18 and 19 of Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 apply to any repair, alteration, or maintenance performed on an existing stationary container system the subject of this clause. 8 Existing secondary containment system for stationary tank or process container (1) In this clause, existing stationary tank or process container means a stationary tank or process container that was in use immediately before 1 July (2) During the period commencing on 1 July 2006 and ending with the close of 30 June 2009, an existing stationary tank or process container to which clauses 47 or 48 of the Site and Storage Conditions apply, complies with those conditions if it complies with Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

25 the requirements for a secondary containment system that applied to it immediately before 1 July (3) On and from the end of the period specified in subclause (2), an existing stationary tank or process container must comply with (d) clause 47 of the Site and Storage Conditions, if that clause applies; or clause 48 of the Site and Storage Conditions, if that clause applies; or a compliance plan; or a code of practice approved by the Authority under section 78 of the Act for the purposes of this clause. (4) A person may apply to the Authority for approval of a compliance plan in relation to an existing stationary tank or process container setting out a programme for bringing the stationary tank or process container into compliance with clauses 47 or 48 of the Site and Storage Conditions; or variations to the requirements of those conditions, compliance with which may be deemed to be compliance with those conditions; or both. (5) On receiving an application under subclause (4), the Authority must approve the compliance plan to which the application relates; or decline to approve it. (6) Compliance with this clause is deemed to be compliance with clauses 47 and 48 of the Site and Storage Conditions for the purposes of clause 92(2) of Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004; and clause 11(k) of the Site and Storage Conditions. 9 Existing tank wagons (1) In this clause the regulations means the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004; and existing tank wagon means a tank wagon to which regulation 4(2) of the regulations applies that, immediately before 1 July 2006, was being used to transport a substance covered by this Group Standard. (2) The person in charge of an existing tank wagon which does not meet the applicable requirements of regulations 4(3) or or 4(4) of the regulations must comply with clauses 18(2) to (7) of Schedule 11 of the Hazardous Substances (Dangerous Goods Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

26 and Scheduled Toxic Substances) Transfer Notice 2004 provided that clause 18(2) shall be read as if references to this notice are references to this Group Standard. (3) The person in charge of a tank wagon to which regulation 4(2) applies but which does meet the requirements of regulations 4(3) or (4) of the regulations must obtain an appropriate test certificate in accordance with regulations 36 and 37 (to the extent applicable) of the regulations no later than the close of 30 June Approved handlers (1) Where any condition specified in subclause (3) requires that something be done in relation to a substance by an approved handler, that condition is complied with if that thing is done by a person who establishes, that he or she, during the whole of a qualifying period referred to in subclause (2), has been handling the substance concerned or any other substance with similar hazardous properties in the relevant phase of its lifecycle under one or more of the enactments relevant to that handling referred to in regulation 6(1) of the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations (2) For the purposes of subclause (1) a qualifying period is any consecutive 2 year period commencing on or after 2 July 1999 and ending on or before the close of 1 July (3) The conditions are clause 6 of Schedule 1; and clauses 6(4), 11 and 13 of the Site and Storage Conditions. (4) This clause expires with the close of 31 December Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard

27 Schedule 3 Interpretation approved handler means a person who holds a current test certificate certifying that they have met the requirements of the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 as an approved handler in relation to one or more hazard classifications or hazardous substances aspiration hazard means the potential for a liquid or solid substance to cause chemical pneumonitis if it enters the trachea and lower respiratory system CAS number means Chemical Abstract Services Registry number child resistant in relation to packaging, means that 80% of children aged 42 months or over but less than 51 months would be unable to gain access to the contents of the packaging, or would be unlikely to obtain a toxic dose from packaging that is or contains a dispensing device within a period of 5 minutes; and 90% of adults aged 50 years or over but under 70 years would be able to open and re-close any child-resistant closure in the packaging Civil Aviation Rule means the Civil Aviation Rule Part 92 Carriage of Dangerous Goods made under the Civil Aviation Act 1990 compatible means that the substance is chemically inert if brought into contact with any other substance for the range of temperatures and pressures at which the substances are brought into contact; or if it is chemically reactive when brought into contact with any other substance, it does not cause combustion; or generate an explosion; or (iii) generate a new hazardous substance of a different class, subclass or category condition means any obligation or restriction imposed upon a substance by a Group Standard exposure limit means an environmental exposure limit (EEL), a tolerable exposure limit (TEL), or a workplace exposure standard (WES) as those terms are defined in section 77B(6) of the Act Inventory of Chemicals means an inventory kept and maintained by the Authority of chemicals known to be present in New Zealand Land Transport Rule means the Land Transport Rule 45001/1: Dangerous Goods 2005 made under the Land Transport Act 1998 Water Treatment Chemicals (Oxidising [5.1.1]) Group Standard